Court No. - 45
Case :- WRIT - C No. - 19939 of 2018 Petitioner :- Pir Bakhsh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Ajay Bhanot,J.
The petitioner has challenged the appointment of respondent No.3 as the fair price shop dealer of village panchayat Rustampur Tigri, District- Moradabad. The contention of Shri Krishna Kumar Singh, learned counsel for the petitioner is that the respondent No.3 is the cousin brother of the sitting pradhan of the aforesaid village panchayat. The respondent No.3 and the village pradhan reside in the same house. The respondent No.3 shares the same kitchen with sitting village pradhan.
Per contra, Shri S.Shekhar Singh, learned Additional Chief Standing Counsel submits that these questions of fact which need verification by the competent authority. The petitioner has an alternative and efficacious remedy of filing an appeal against the appointment of the respondent No.3.
In view of the submissions of the learned Additional Chief Standing Counsel, the Court declines to interfere in the order of appointment of the respondent No.3.
At this stage, the learned counsel for the petitioner recasts his relief. He submits that he is willing to file an appeal. However, due to bona fide legal advice, the petitioner has approached this court directly. This resulted in some delay. The time for appealing has consequently expired.
The appeal is now barred by limitation.
In view of the submissions at the bar, interests of justice would be subserved by enlarging the time to appeal.
It is open to the petitioner to file an appeal within a period of one month from today against the appointment of the respondent No.3. In case such appeal is filed within the stipulated period of one month from today, the same shall be decided on merits without going into the issue of delay.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 29.5.2018 Ashish Tripathi